All Forum Posts by: Robert Melcher

Domestic issues are their problem. Our lease holds all accountable jointly and severally, so until its a breach situation, CC everybody with clarification of what will happen if the rent is not paid, then leave it at that.

I also schedule an inspection of the property.

Holes "magically" appear in the wall when angry people live together, and cleaning/trash removal can become a game of who can ignore more.

As a PM it is my job to enforce the lease. I file, the lease allows for collection of the cost from the tenant. It only takes ONE TIME for a tenant to lie and say they'll leave and if you don't file, they stay, now you've lost another month....and you've failed your client.

Do it the same way, the right way, everytime.

I would have already filed during the FIRST month.

As your manager, at least in Texas, they would be agents of the landlord only, and they do NOT hold the lease with the tenants. The PM Agreement probably states this, as it is one of the principal ways PMs offload liability to the landlord. Unless your PMA leases the property to the PM and he pays you per unit regardless of occupancy.

The tenants would be breaching the lease, which is legally superior to the sale (in Texas) and which transfer with the sale. The PM as a (presumably) licensed real estate professional would (at least in Texas) be breaching his responsibilities to you as his client.  

I would say you have a strong and defensible position legally should you tell the tenants they have to stay and honor the lease.

Three roofs, windows, screens and gutters on SFH in Plano, Allen and Sachse TX. Liberty Mutual worked with my roofer and the whole thing was clockwork.

We have 90% SFH and never recommend appliances. If there are any left at the property by the landlord, our lease specifically lists them as items the landlord will NOT repair or replace.

Appliances and AC systems take the most abuse/neglect from tenants.

If something dies, they can get their own.

In 12 years I've had only two applicants drop out over appliances.

Tough one.  Does their lease allow substitution? Did they provide adequate notice (I would think the house should already have been on the market for at least 30 days, and you would have already been informed by the PM).

Our lease does NOT allow the tenant to do this.

Perfect!

Provide written notice of termination via US Mail, Return receipt/certified. Provide contact information for your new PM, and advise your new PM to contact them for handoff.

Be aware of any charges you may be assessed for terminating (especially if the property is occupied).  Also, be aware of how long the notice interval is for terminating.

You should get a copy of the lease, application, move-in inspection/condition report, photos/video of the property's condition at move-in, keys, and a certified check for the deposit, minus any charges being assessed.  You will still be required to provide the full deposit to the new PM.

They should notify the tenant of the management change, and your new PM should do the same.

We have several offices over 1000, and one at about 4000. its our main support vehicle.

The PM should be giving notice as soon as it is allowed by law and filing for eviction as soon after that as possible.  Our lease makes the resident responsible for these charges, which are paid first out of any funds received.

The cost gets much higher, and the tenant either gets trained or leaves.

We do EVERY tenant the same way, or we could be liable for fair housing or discrimination claims. 

If your PM is treating this one different than the rest, he's putting you at risk.